Shenzhen plans to issue strict IPR protection regulations

It is learned that, Shenzhen will conduct lawmaking for the IPR protection. The Regulations of Shenzhen Special Economic Zone on IPR Protection (draft for review) (hereinafter referred to as “the IPR Regulation”) is open for public input.

The key provisions of the IPR Regulation include the establishment of a protection system for IPR creation and utilization, the identification of calculating standards on illegal turnover, the establishment of a sound integrity protection system, the establishment of a right protection and service mechanism and the improvement of crackdown on overseas infringement and illegal acts. Besides, the IPR Regulation specifies the provisions on exploring the establishment of punitive damages and minimum punishment standard as well as setting up a mechanism of "docking litigation and conciliation".

As introduced, to carry out the strictest IPR protection is one of the most important legislative concepts behind the IPR Regulation. Once an entity or an individual is identified as being engaged in IPR infringement, they are forbidden to undertake any government-invested program, participate in any government procurement or obtain any government grants or funding. For any malicious infringement of IPRs, the IPR Regulation also sets 50,000 yuan as a minimum of punishment standard.